Clerk's Note: Due to Hurricane Katrina, the regular Parish Council meeting scheduled for September 1 could not be held. Certain items from that agenda were heard at the September 28 meeting; with the remaining items being deferred to this meeting.

Call to Order by Honorable Steve Stefancik, Chairman

Invocation by

Pledge of Allegiance by

Roll Call:    

    Marty Dean
    Russell Fitzmorris
    James A. “Red” Thompson
    Patricia P. Brister
    Marty Gould
    Gary Singletary
    Steve Stefancik
    Jerry Binder
    Joe Impastato
    Chris Canulette
    Barry D. Bagert
    Henry Billiot
    Joe “Coach” Thomas
    Ken Burkhalter

    1) Certificate of Recognition to Bears Restaurant (Watson family) as “Business of the Month” for outstanding service to the community. (Thompson/Dean/Impastato)

    2) Certificate of Recognition in Memory of Paul D. Cordes, Sr. (Brister)

    Any items not pulled from the consent calendar are automatically approved in whole by one vote. Items pulled from Consent Calendar are discussed and voted upon individually.

    Special Council Meeting     September 28, 2005
    

    1) Ord. Cal. No. 3163 - Ordinance amending Article I, Section 1-02 of the Home Rule Charter of the Parish of St. Tammany, State of Louisiana, to provide with respect to term limits for St. Tammany Parish Government Elected Officials. (Billiot)

    2) Ord. Cal. No. 3167 - Ordinance to amend Code, Appendix B, Subdivision Reg. Ord. 499, to require subdivision garbage collection service be provided by a single collection company. (Gould)

    Ordinance to amend the Parish Code of Ordinances, Appendix B (Subdivision Regulatory Ord. 499), by amending Section 40-074.01, Parish Enforced Subdivision Restrictions and/or Covenants, to require that the subdivision garbage collection service shall be provided by a single garbage collection company.

    4) Resolution C.S. No. C-1530 - Resolution establishing Warranty Obligations.
(Stefancik/President)

Warranty Obligations continued:

THE FOLLOWING APPEALS WERE NOT HEARD 9/1/05 DUE TO HURRICANE KATRINA

    1) Bill Magee, Attorney for owners Bill and Shari Karanas, appealing the Zoning Commission DENIAL on April 5, 2005 for issuance of a conditional use permit for a 7,877 square foot Maternity Home to be located on the south side of Highway 1088, west of Forest Brook Boulevard, in an SA Suburban Agriculture District. (Ward 4, District 7)(CP05-02-017)
(TABLED 5/5/2005 through 8/4/2005)

NOTE:    TO CONCUR WITH ZONING DENIAL, A SIMPLE MAJORITY VOTE IS REQUIRED AND ADOPTION OF A RESOLUTION.

NOTE:    TO OVERRIDE ZONING DENIAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION.

    2) Mark Johnston appealing the Zoning Commission APPROVAL on August 3, 2005 to rezone 5.46 acres at the end of Atalin Street, south of Tortoise Drive, west of Marigny Trace Subdivision, from SA Suburban Agriculture to A-4 Single Family Residential. (Ward 4, District 10) (ZC 05-08-050) (Applicant Scalfano Engineering, Owner Modern America Realty Services) (Darin Boudreaux withdrew his appeal 8/22/2005)

NOTE:    TO CONCUR WITH ZONING APPROVAL, A SIMPLE MAJORITY VOTE IS REQUIRED AND INTRODUCTION OF AN ORDINANCE.

NOTE:    TO OVERRIDE ZONING APPROVAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION.

    3) William J. Smith appealing the Zoning Commission APPROVAL on August 3, 2005 to rezone 37.79 acres on the south side of Highway 1085 and on the north side of I-12, west of Highway 1077, from R-Rural to M-2 Intermediate Industrial. (Ward 1, District 1) (ZC 05-08-051)
(Applicant Jeff Schoen, Attorney for Zenith Interest Partnership)

NOTE:    TO CONCUR WITH ZONING APPROVAL, A SIMPLE MAJORITY VOTE IS REQUIRED AND INTRODUCTION OF AN ORDINANCE.

NOTE:    TO OVERRIDE ZONING APPROVAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION.

    4) Carlo Hernandez appealing the Zoning Commission APPROVAL on August 3, 2005 of amendment to Land Use Ord. No. 523, Section 3.03 Minimum Standards, to authorize administrative approval of conditional use permits for mobile homes in a subdivision that has received prior Zoning Commission consideration and Council consideration and approval for utilization of the blanket conditional use procedure. (ZC 05-08-054) (Land Use text change per Ord. Cal. No. 3106 As Amended and reintroduced by Parish Council 8/4/2005)

NOTE:    TO CONCUR WITH ZONING APPROVAL, A SIMPLE MAJORITY VOTE IS REQUIRED AND ADOPTION OF ORD. CAL. NO. 3106 AS AMENDED (ITEM #1 UNDER ORDINANCES FOR ADOPTION)

NOTE:    TO OVERRIDE ZONING APPROVAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED, REMOVAL OF ORD. CAL. NO. 3106 AS AMENDED AND ADOPTION OF A RESOLUTION.

    5) Sam Ethridge, Jr. appealing the Zoning Commission APPROVAL on August 3, 2005 for issuance of a conditional use permit for a 160' Monopole Cellular Tower on the south side of Walder Road, west of Highway 59, in a Suburban Agricultural District. (Ward 4, District 10) (CP 05-08-074) (Applicant Chris Emmer for Mystic Porte, LLC)

NOTE:    TO CONCUR WITH ZONING APPROVAL, A SIMPLE MAJORITY VOTE IS REQUIRED AND ADOPTION OF A RESOLUTION.

NOTE:    TO OVERRIDE ZONING APPROVAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION.

    6) Paul J. Mayronne, Attorney for applicant Ruelle Du Chene Developers, LLC, appealing the Planning Commission condition attached to Tentative Subdivision Approval on July 12, 2005 for Eagle Landing. (Ward 1, District 1) (SD 05-07-018)

NOTE:    TO CONCUR WITH PLANNING COMMISSION CONDITIONAL TENTATIVE SUBDIVISION APPROVAL, A SIMPLE MAJORITY VOTE IS REQUIRED AND ADOPTION OF A RESOLUTION.

NOTE:    TO OVERRIDE PLANNING COMMISSION CONDITIONAL TENTATIVE SUBDIVISION APPROVAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION.

    7) Hazel Sinclair appealing the Planning Commission APPROVAL on August 9, 2005 of Tentative Subdivision Review for Weston Glen. (Ward 1, District 1) (SD 05-08-020)
(Applicant/Developer/Owner Webber Land and Development Corp.)

NOTE:    TO CONCUR WITH PLANNING APPROVAL, A SIMPLE MAJORITY VOTE IS REQUIRED AND ADOPTION OF A RESOLUTION.

NOTE:    TO OVERRIDE PLANNING APPROVAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION.

    1) Ord. Cal. No. 3106 As Amended - Ordinance to amend Parish Code to authorize administrative approval of certain conditional use permits. (ZC 05-08-054) (Reintroduced as amended 8/4/2005) (THIS ORDINANCE IS SUBJECT OF APPEAL #4)
(Commerce & Development Committee Referred to Council based on Appeal 8/24/2005)

    Ordinance to amend Parish Code, Appendix C, Land Use Ord. 523, Section 3.03 Minimum Standards, Paragraph R, Manufactured Homes or Mobile Homes, subparagraph 5, Waiver of Public Hearing, to authorize administrative approval of conditional use permits for mobile homes in subdivisions that received prior Zoning Commission consideration and Council consideration and approval for utilization of the blanket conditional use procedure for administrative issuance of such permits.

    2) Ord. Cal. No. 3109 - Ordinance to rename Oak Harbor Boulevard East as Lakeshore Boulevard East. (Ward 9, District 13) (Introduced 6/2/2005) (TABLED 7/7/2005 and 8/4/2005)
(Government Affairs Committee recommends adoption 8/24/2005)
        

    3) Ord. Cal. No. 3110 - Ordinance to rename Harbor Center Boulevard as Lakeshore Boulevard North. (Ward 9, District 13) (Introduced 6/2/2005) (TABLED 7/7/2005and 8/4/2005)
(Government Affairs Committee recommends adoption 8/24/2005)

    4) Ord. Cal. No. 3139 - Ordinance authorizing the Parish President to accept the Act of Dedication and Donation of J. F. Smith Avenue, Johnny Smith Boulevard, Mechanical Drive and Production Drive, located in Johnny F. Smith Memorial Business Park and to include same into the Parish Road Maintenance System. (Ward 8, District 14) (Introduced 8/4/2005)
(Commerce & Development Committee recommends adoption 8/24/2005)

    5) Ord. Cal. No. 3141 - Ordinance establishing a “No Parking” zone on Javery Road.
(Ward 8, District 14) (Introduced 8/4/2005) (Public Safety recommends adoption 8/24/2005)

    6) Ord. Cal. No. 3142 - Ordinance establishing a “No Thru Trucks” zone on Pace Street.
(Ward 8, District 14) (Introduced 8/4/2005) (Public Safety recommends adoption 8/24/2005)

    7) Ord. Cal. No. 3145 - Ordinance to authorize the Parish President to purchase land at 134 Crapemyrtle Circle to improve drainage and flood protection in the general area.
(Ward 1, District 4) (Introduced 8/4/2005) (Finance Committee recommends adoption 8/24/2005)

    8) Ord. Cal. No. 3147 - Ordinance amending zoning of 25 acres from R-Rural to A-4.
(Ward 1, District 1) (ZC 04-11-094) (Zoning Commission approved 8/3/2005) (Introduced 9/28/05)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Vista Street, south of I-12, west of Highway1077, containing 25 acres, from R-Rural to A-4 Single Family Residential.

    9) Ord. Cal. No. 3148 - Ordinance amending zoning of 4.5 acres from R-Rural to A-3.
(Ward 1, District 1) (ZC 05-06-040) (Zoning Commission approved 8/3/2005) (Introduced 9/28/05))

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the west side of Ruelle Du Chene Drive, south of Brewster Road, containing 4.5 acres, from R-Rural to A-3 Suburban.

    10) Ord. Cal. No. 3149 - Ordinance amending zoning of 4.319 acres from R-Rural to C-2.
(Ward 6, District 6) (ZC 05-08-053) (Zoning Commission approved 8/3/2005) (Introduced 9/28/05)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Highway 36, west of Reed Road, east of Deer Run Road, containing 4.319 acres, from R-Rural to C-2 Highway Commercial.

    
    11 ) Ord. Cal. No. 3150 - Ordinance to extend moratorium on certain property abutting a portion of Highway 190. (Districts 5 & 10) (Introduced 9/28/05)

    Ordinance to extend for an additional six (6) months the moratorium on the issuance of building permits for the construction or placement of building structures on certain property within unincorporated St. Tammany Parish abutting a portion of Highway 190 south and east from its intersection with Causeway Boulevard to its intersection with Florida Street.

    12) Ord. Cal. No. 3151 - Ordinance to extend moratorium on certain property within Highland Park Subdivision. (District 12) (Introduced 9/28/05)

    Ordinance to extend for an additional six (6) months the moratorium on issuance of permits for construction or placement of building structures on property within a certain portion of Highland Park Subdivision.

    13) Ord. Cal. No. 3152 - Ordinance to revoke a portion of an unnamed alley in Lacombe Park Subdivision. (Ward 7, District 7) (REV 05-08-003) (Planning Commission approved 8/9/05)
(Introduced 9/28/05)

    14) Ord. Cal. No. 3153 - Ordinance authorizing Parish President to accept dedication and donation of John T. Prats Road for inclusion into the Parish Road Maintenance System.
(Ward 10, District 2) (Introduced 9/28/05)

    15) Ord. Cal. No. 3154 - Ordinance to correct Road Inventory to include Cotton Lane.
(Ward 8, District 11) (Introduced 9/28/05)

    16) Ord. Cal. No. 3155 - Ordinance to amend Ord. C.S. No. 05-1049, adopted February 3, 2005, which established the “Personnel Policies” to provide for amendments thereto. (Introduced 9/28/05)

    17) Ord. Cal. No. 3156 - Ordinance amending the Parish Code, Chapter 20, to establish a new Section 20-015.00, Mailboxes within Parish Rights-of-way. (Introduced 9/28/05)

    18) Ord. Cal. No. 3157 - Ordinance providing for the sale of not exceeding $14,000,000 of Sales Tax Refunding Bonds (Jail) and for other matters in connection therewith.
(Introduced 9/28/05)

                    
    19) Ord. Cal. No. 3158 - Ordinance providing for issuance of Sales Tax Refunding Bonds (Jail) and for other matters in connection therewith. (Introduced 9/28/05)

    20) Ord. Cal. No. 3159 - Ordinance providing for the sale of not exceeding $31,000,000 of Sales Tax Refunding Bonds (Justice Complex) and for other matter in connection therewith.
(Introduced 9/28/05)

    21) Ord. Cal. No. 3160 - Ordinance providing for issuance of Sales Tax Refunding Bonds (Justice Complex) and for other matters in connection therewith. (Introduced 9/28/05)

    22) Ord. Cal. No. 3161 - Ordinance to extend moratorium for Tantella Ranch area.
(Ward 1, District 1) (Introduced 9/28/05)

    Ordinance to extend for an additional six (6) months the moratorium on issuance of building permits for construction of placement of structures on any properties within unincorporated St. Tammany abutting, in whole or in part, Tantella Ranch Road and any properties abutting, in whole or in part, Highway 1077 from Highway 190 to the Parish line, and which properties use said roadways for purposes of ingress and egress said properties.

    23) Ord. Cal. No. 3162 - Ordinance to amend Parish Code to provide for creation of the 22nd Judicial District Children and Youth Planning Board, establishing the composition thereof, and to provide for other matters relative to La. R.S. 46:1941.1 et seq. (Introduced 9/28/05)

    24) Ord. Cal. No. 3164 - Ordinance to amend Ordinance C. S. No. 05-1162, adopted August 4, 2005, and Appendix B of the Parish Code, Subdivision Regulatory Ord. No. 499, specifically Section 40-020.0 Exemptions. (Introduced 9/28/05)

    1) Resolution to appoint ___________________ to replace Kyle Bruhl (resigned) to Recreation District No. 12. (Thompson)